has also filed an affidavit of service in which he states that he served Mr. Adams with the petition and the First Affidavit in Support of the Petition on the 6th day of April, 2009. [15] Mr. Eleston Adams’ application to strike For his part, Mr. Adams seeks to have the petition struck out on the basis that the return was made on the 13th March, 2009 but the petition was presented ten days later on the 23rd March, 2009. His second complaint is that the notice of the presentation of the petition and of the nature of the proposed security and a copy of the petition were not served on him within five days as required by the Act. [16] In support of his application, Mr. Adams stated in his affidavit in support as follows: “The facts and matters deposed to are within my own personal knowledge true and correct. I was nominated as the candidate for the United Progressive Party at the General Election for the constituency of St. Paul held on March 12th 2009. On the night of the March 12th 2009, the Returning Officer declared that I was duly elected as the Representative of the St. Paul constituency. On March 13th 2009, the Returning Officer returned me as the Representative to the Electoral Commission by endorsing such return on the writ of election for the constituency. A true copy of the return is annexed and marked “EA1”. On March 13th 2009, the Governor General of Antigua and Barbuda appointed Mr. Baldwin Spencer as the Prime Minister of Antigua and Barbuda, having determined that Mr. Spencer was the leader of the political party in the House of Representatives, namely the UPP, which had won the majority of seats in the House of Representatives at the General Elections. The UPP was declared to have won 9 seats, the BPM one seat, whilst the ALP was declared to have won 7 seats. On the 6th day of April 2009, I was served with documents which purported to consist of a notice of the presentation challenging the validity of my election as the 7